Supreme Court stays Delhi High Court verdict granting Old Pension Scheme benefits to paramilitary forces

The Supreme Court recently stayed a Delhi High Court order that had directed that the Old Pension Scheme (OPS) will be applicable to Central Armed Police Forces (CAPF) [Union of India and ors vs Pawan Kumar and ors]..A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Central government and posted the case for further consideration in February 2024. The Court, however, clarified that those government employees who had joined service based on recruitment notices issued before 2004 can avail OPS, in accordance with a recent office memorandum..The Delhi High Court had in January held that CAPF comprises forces of the Union government and are, therefore, entitled to benefits of the OPS as granted to the Indian Army, Navy and Air Force.The CAPF includes forces like the Central Reserve Police Force, Shashtra Seema Bal (BSF), Border Security Force (BSF) as well as Indo Tibetan Border Police (ITBP). A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna had quashed the government orders and the officer memorandums (OM) to the extent they denied the benefits of OPS to the personnel of the paramilitary forces.The petitioners had stated that the government’s notification of December 22, 2003, which brought in the New Contributory Pension Scheme (NPS), as well as OM of February 17, 2020 create a bar upon the respondents to not implement the NPS upon the personnel of the CAPF since they are categorized as 'Armed Forces' which are excluded from the purview of NPS. Hence, they had argued that should be covered by OPS and not NPS. The High Court had, among other things, noted that as per a circular dated August 6, 2004, the Ministry of Home Affairs (MHA) had itself declared that the Central Forces under the administrative control of MHA are armed Forces of Union, the position cannot be disputed that the Armed Forces shall remain excluded from coverage under notification dated December 22, 2003..Paramilitary forces are armed forces, entitled to benefits of Old Pension Scheme: Delhi High Court.This led to the present appeal before the apex court..Additional Solicitor General Aishwarya Bhati represented the Central government before the Supreme Court. Advocate Ankur Chhibber appeared on caveat for the respondents, who were the petitioners before the High Court..[Read order]